Opinion
No. 02-20-00320-CV
11-06-2020
IN RE COMP-E-WARE TECHNOLOGY ASSOCIATES, INC., Relator
Original Proceeding 17th District Court of Tarrant County, Texas
Trial Court No. 017-310938-19 Before Gabriel, Bassel, and Wallach, JJ.
MEMORANDUM OPINION AND ORDER
The court has considered relator Comp-E-Ware Technology Associates, Inc., d/b/a Comware's petition for writ of mandamus and is of the opinion that relief should be denied. Relator has an adequate remedy at law. See In re Essex Ins. Co., 450 S.W.3d 524, 526 (Tex. 2014) (orig. proceeding) (per curiam). Namely, relator's interlocutory appeal in Cause No. 02-20-00185-CV, styled Comp-E-Ware Tech. Assocs. Inc. v. Mushkin, Inc., provides a path for relief. See Tex. R. App. P. 29.3, 29.5; see, e.g., In re Patel, No. 01-13-00330-CV, 2013 WL 3422026, at *1 (Tex. App.—Houston [1st Dist.] July 2, 2013, orig. proceeding) (denying petition for writ of injunction because relators could obtain relief in their interlocutory appeal). Accordingly, relator's petition for writ of mandamus is denied.
We vacate our October 16, 2020 stay order issued in this original proceeding.
After this memorandum opinion and order issues, in Comware's interlocutory appeal, we are later today staying the trial court's September 18, 2020 order as it pertains to Comware until final resolution of its interlocutory appeal.
We direct the clerk of this court to send a notice of this order to the attorneys of record, the trial court judge, and the trial court clerk.
/s/ Lee Gabriel
Lee Gabriel
Justice Delivered: November 6, 2020